84TCouncil must destroy dog believed to be a restricted breed dog if owner unknown

84T Council must destroy dog believed to be a restricted breed dog if owner unknown (1) Despite anything to the contrary in this Part, the Council must destroy a dog seized under section 80 within 8 days after the seizure if— (a) the owner of the dog is unable to be identified from a marker attached to, or a device implanted in, the dog's body or information received by the Council that is sufficient to enable identification of the owner; and (b) the authorised officer reasonably believes that the dog is a restricted breed dog. S. 84T(2) inserted by No. 8/2014 s. 24. (2) A Council must notify the Secretary of the following information after destroying a dog under subsection (1)— (a) the municipal district in which the dog was seized; (b) the date on which the dog was seized; (c) the date on which the dog was destroyed; (d) the sex and reproductive status of the dog; (e) the age, breed and colour of the dog; (f) the Council reference number for the dog. S. 84T(3) inserted by No. 8/2014 s. 24. (3) A notice under subsection (2) must be given by the Council— (a) if the Minister specifies a period of time for the purposes of this subsection, within that period after the date on which the dog was destroyed; (b) in any other case, within 28 days after the date on which the dog was destroyed. S. 84TA inserted by No. 44/2010 s. 23. 84TA Destruction of dog that is a danger to the public (1) Subject to subsection (6), a Council may destroy a dog seized under this Part if— S. 84TA(1)(a) amended by No. 69/2017 s. 79(a). (a) the Council authorised officer of the Council who seized the dog held the reasonable belief at the time of the seizure that the owner of the dog would be guilty of an offence under section 24 or 26; and (b) the dog is unregistered and the owner is not able to be identified from— (i) a marker attached to, or a device implanted in, the dog's body; or (ii) any information received by the Council that is sufficient to enable identification of the owner; and S. 84TA(1)(c) amended by No. 69/2017 s. 79(b). (c) a Council authorised officer of the Council, at or after the time of the seizure of the dog, reasonably believes that the behaviour of the dog has resulted, or is likely to result, if the dog were at large, in the commission of an offence under section 29. (2) In forming the reasonable belief referred to in subsection (1)(c), the authorised officer must have regard to any guidelines or practice notes approved by the Minister for the purposes of this section. (3) The authorised officer who holds the belief referred to in subsection (1)(c) must record, as soon as is practicable but no longer than 24 hours after the seizure of the dog, in respect of the seized dog each of the matters set out in subsection (1) including the reasons for holding that belief and the reasons for the holding of the belief referred to in subsection (1)(a). (4) The Council must decide whether or not to destroy the dog under subsection (1) within 48 hours after the record under subsection (3) is made. (5) A Council that decides to destroy a dog under this section must record the time and date of that decision. (6) A dog may be destroyed under subsection (1) as soon as possible after an authorised officer makes a record under subsection (3) but no earlier than 48 hours after that record is made. (7) This section does not limit any other powers to destroy a dog under this Division. (8) Divisions 4 and 5 of this Part do not apply to a person acting in accordance with this section. (9) If the Council decides not to destroy a dog under subsection (1)— (a) section 84H(3) is to be read as if the reference to "4 days" were a reference to "7 days"; and (b) section 84M(1) is to be read as if a reference to "8 days" were a reference to "11 days". S. 84TB inserted by No. 44/2010 s. 23. 84TB Immediate destruction of dog that may cause serious injury or death S. 84TB(1) amended by No. 69/2017 s. 80. (1) A Council authorised officer may immediately destroy a dog if the officer reasonably believes that the dog is behaving in a manner or in circumstances that will result in imminent serious injury or death to a person or other animal. (2) Subsection (1) applies whether or not the dog is registered or the owner is identifiable. (3) Divisions 4 and 5 of this Part do not apply to a person acting in accordance with this section. S. 84TC inserted by No. 44/2010 s. 23. 84TC Destruction of declared dangerous dog found at large (1) Subject to subsection (6), the Council may destroy a dangerous dog if— (a) the dog was declared under section 34(1)(a) as a dangerous dog; and S. 84TC(1)(b) amended by No. 69/2017 s. 81. (b) a Council authorised officer of the Council has seized the dog in the reasonable belief that the owner of the dog would be guilty of an offence under section 24 or 26. (2) Despite subsection (1), the Council may not destroy a dangerous dog seized in the circumstances described in that subsection if the authorised officer has formed a reasonable belief that the alleged offence has been caused by the act or omission of a person who is not the owner of the dog. (3) An authorised officer who seizes a dog in the circumstances described in subsection (1) must record, as soon as is practicable but no longer than 24 hours after the seizure of the dog— (a) each of the matters set out in subsection (1), including the reason for holding the reasonable belief referred to in subsection (1)(b); and (b) if applicable, the reason for holding the reasonable belief referred to in subsection (2). (4) The Council must decide whether or not to destroy the dog under subsection (1) within 24 hours after the record under subsection (3) is made. (5) A Council that decides to destroy a dog under this section must record the time and date of that decision. (6) A dog may be destroyed under subsection (1) as soon as possible after an authorised officer makes a record under subsection (3) but no earlier than 24 hours after that record is made. (7) This section does not limit any other powers to destroy a dog under this Division. There are other powers of destruction under Division 6 of Part 7A that may still apply to a dangerous dog that has been seized because an authorised officer has the reasonable belief that the owner of the dog would be guilty of an offence under section 24 or 26. (8) Divisions 4 and 5 of this Part do not apply to a person acting in accordance with this section. (9) If the Council decides not to destroy a dog under subsection (1)— (a) section 84H(3) is to be read as if the reference to "4 days" were a reference to "6 days"; and (b) section 84M(1) is to be read as if a reference to "8 days" were a reference to "10 days". S. 84TD (Heading) substituted by No. 69/2017 s. 82(1). S. 84TD inserted by No. 75/2011 s. 15, amended by No. 69/2017 s. 82(2). 84TD Disposal of forfeited dog or cat A person or body to whom a dog or cat is forfeited under section 82A(4) or 84Q(2B) must, within a reasonable time— (a) arrange for permanent housing of the dog or cat through an animal shelter; or (b) give the dog or cat to a person or body to whom the dog or cat may be given under an agreement under section 84Y(ca) or (cb); or (c) if section 84O(4) applies, dispose of the dog or cat under that subsection. S. 84U inserted by No. 65/2007 s. 29. 84U Seized animal must be desexed before sold If a Council, person or body proposes to sell a dog or cat that has been seized and that has not been desexed, the Council, person or body must ensure that the animal is desexed before it is sold. S. 84V inserted by No. 65/2007 s. 29. 84V Method of disposal of dogs or cats S. 84V(1) amended by No. 44/2010 s. 24. (1) If a Council, person or body is authorised under this Act to destroy a dog or cat, the Council, person or body must destroy the animal humanely. (2) A Council, person or body that is authorised under this Act to sell or destroy an animal may give that animal to any person or body that is willing to accept it and which has been approved by the Council of the municipal district in which the animal is held in accordance with a Code of Practice made under section 7 of the **Prevention of Cruelty to Animals Act 1986** relating to the use of such an animal in scientific procedures. S. 84VA inserted by No. 75/2011 s. 16, substituted by No. 69/2017 s. 83. 84VA Recovery of costs for forfeited dogs or cats (1) The Council, person or body to which a dog or cat has been forfeited under section 82A(4) or 84Q(2B) may recover any reasonable cost incurred by the Council, person or body for the care, transport, maintenance and disposal of the dog or cat for the whole or any part of the time from when the dog or cat is seized under Division 2 until the time when the dog or cat is disposed of under section 84TD. (2) The Council, person or body may recover costs under subsection (1)— (a) from the owner or person in charge of the dog or cat when the dog or cat was seized; and (b) in a court of competent jurisdiction as a debt due to the Council, person or body. (3) In recovering costs under this section any amount that has been recovered under an order of the Magistrates' Court under section 84WC must be taken into account. Division 7—Court powers S. 84W inserted by No. 65/2007 s. 29. 84W Power of Court to make orders in relation to dogs and cats found outside owners' premises (1) If the owner of a dog or cat is found guilty by the Magistrates' Court of an offence under section 23(4), 24(1), 24(2) or 25(1), the Court may make an order requiring the owner to carry out the works that are specified by the Court for the purpose of ensuring that the animal, which is the subject of the offence, is not able to escape from the owner's premises. (2) Section 135 of the **Magistrates' Court Act 1989** applies to an order made under this section. S. 84WA inserted by No. 75/2011 s. 17. 84WA Power of Court to make orders prohibiting ownership of dogs or cats S. 84WA(1) amended by Nos 17/2016 s. 17(Sch. 1 item 18), 69/2017 ss 84, 112, 3/2022 s. 35(1), 14/2025 s. 26(3). (1) If a person is found guilty by the Magistrates' Court of an offence under section 44B(1), 45, 58AF, 63A, 63AAB, 63AAC, 63AAD, 63AAE or 63AE, the Court may make any one or more of the following orders— S. 84WA(1)(a) substituted by No. 3/2022 s. 35(2). (a) that the person is prohibited from keeping an animal of a specified species; S. 84WA (1)(ab) inserted by No. 3/2022 s. 35(2). (ab) that the person is prohibited from keeping for the purposes of sale, or selling, an animal of a specified species; S. 84WA(1)(b) amended by No. 3/2022 s. 35(3). (b) that the person is prohibited from conducting or working in a domestic animal business; S. 84WA(1)(c) inserted by No. 3/2022 s. 35(4). (c) that the person is prohibited from working for a recreational breeder or a microbreeder. (2) An order made under subsection (1) has effect for a period of 10 years from the date of the order, unless a shorter period is specified in the order. S. 84WAB inserted by No. 69/2017 s. 85. 84WAB Offence not to comply with order under section 84WA S. 84WAB(1) amended by No. 3/2022 s. 39(6). (1) A person who is subject to an order under section 84WA must comply with the order. Penalty: 240 penalty units or imprisonment for 2 years. (2) Nothing in this section affects the powers of the court, or of the Supreme Court, in relation to contempt of court. S. 84WB inserted by No. 75/2011 s. 17, repealed by No. 69/2017 s. 86. S. 84WC inserted by No. 75/2011 s. 17. 84WC Order for bond or costs S. 84WC(1) substituted by No. 69/2017 s. 87. (1) In a proceeding before the Magistrates' Court for an offence against this Act or regulations made under this Act, the Court, on application under subsection (1C), may make an order that either of the following be paid— (a) a bond or security to provide for the care and maintenance of the dog or cat that is the subject of the proceeding; (b) any identified costs for the care, transport and maintenance of the dog or cat that is the subject of the proceeding. S. 84WC(1A) inserted by No. 69/2017 s. 87. (1A) The Magistrates' Court may make an order under subsection (1) if— (a) the dog or cat has been seized under this Part; and (b) the dog or cat— (i) is in the custody of a Council, person or body pending the outcome of the proceeding; or (ii) has been forfeited under section 82A(4) or 84Q(2B). S. 84WC(1B) inserted by No. 69/2017 s. 87. (1B) The bond, security or costs to be paid— (a) may be for the whole or any part of the time for which the proceeding is prosecuted and for any period of time between the seizure of the dog or cat and the commencement of the proceeding; and (b) must be paid by— (i) for a dog or cat to which subsection (1A)(b)(i) applies, the owner or person in charge of the dog or cat at the time of seizure of the dog or cat; or (ii) for a dog or cat to which subsection (1A)(b)(ii) applies, the proprietor of the domestic animal business from which the dog or cat was seized, or, for a GRV greyhound, the person who kept the GRV greyhound. S. 84WC(1C) inserted by No. 69/2017 s. 87, amended by No. 3/2022 s. 36. (1C) An application may be made for an order under subsection (1) by the person prosecuting the offence on behalf of the Council, person or body who has custody of the dog or cat or to whom the dog or cat has been forfeited. (2) If the Magistrates' Court makes an order under subsection (1), the Court may also order that any money left over from any payment made under subsection (1)(a) at the end of the proceedings be repaid to the person who paid the bond or security. (3) If the Court orders that a person pay a bond or security under subsection (1)(a) and it is not paid within 21 days of the date of the order being made, the Court may on application make an order under section 84WA(1) in respect of the person. S. 84WD inserted by No. 75/2011 s. 17. 84WD Order for disposal if bond or costs not paid If the Magistrates' Court has ordered a payment under section 84WC, the Court may also order that, if the payment is not made in accordance with the order— (a) the dog or cat be given to a person or body to whom the dog or cat may be given under an agreement under section 84Y(ca) or (cb); or (b) in the case of a dangerous dog or a restricted breed dog, the dog be destroyed. S. 84WE inserted by No. 75/2011 s. 17. 84WE Order for disposal if owner found guilty If the Magistrates' Court has ordered a payment under section 84WC, the Court may also order that, if the owner or person in charge of the dog or cat is or has been found guilty of an offence against this Act or regulations under this Act within the preceding 10 years— (a) the dog or cat be given to a person or body to whom the dog or cat may be given under an agreement under section 84Y(ca) or (cb); or (b) in the case of a dangerous dog or a restricted breed dog, the dog be destroyed. S. 84WF inserted by No. 75/2011 s. 17. 84WF Order for disposal in certain circumstances If the Magistrates' Court has ordered a payment under section 84WC, the Court may also order that the dog or cat be destroyed, if a veterinary practitioner has provided written evidence certifying that the dog or cat should be destroyed— (a) on humane grounds; or (b) because the dog or cat is diseased or infected with disease. S. 84WG inserted by No. 75/2011 s. 17. 84WG Order for return of dog or cat (1) If on an application under section 84WB the Magistrates' Court is not satisfied that an order should be made under section 84WC, 84WD, 84WE or 84WF, the Court may order that the dog or cat be returned to the owner or person in charge of the dog or cat. (2) If the Court orders under subsection (1) that the dog or cat be returned to the owner or person in charge of the dog or cat— (a) the owner or person in charge of the dog or cat may recover the dog or cat within 8 days after the making of the order; and (b) if the dog or cat is not recovered within 8 days after the making of the order, the dog or cat— (i) may be given to a person or body to whom the dog or cat may be given under an agreement under section 84Y(ca) or (cb); or (ii) in the case of a dangerous dog or a restricted breed dog, may be destroyed. S. 84X inserted by No. 65/2007 s. 29. 84X Power of Court to order payment of costs and disposal of dogs or cats (1) If the owner of a dog or cat is found guilty of an offence in a proceeding commenced under section 84Q, the Magistrates' Court may make any one or more of the following orders— (a) in the case of an offence referred to in section 84Q(2)(d), that the dog or cat be sold or destroyed; S. 84X(1)(b) amended by No. 75/2011 s. 18(1). (b) in the case of an offence referred to in section 84Q(2)(a), (b) or (c), that the dog be destroyed; S. 84X(1)(ba) inserted by No. 75/2011 s. 18(2), amended by No. 69/2017 s. 88(1). (ba) in the case of an offence referred to in section 84Q(2)(ba) or (bb) or (2B), that the dog or cat be given to a person or body to whom the dog or cat may be given under an agreement under section 84Y(ca) or (cb); S. 84X(1)(c) amended by No. 44/2010 s. 25(1). (c) if the dog or cat has been seized by the Council, that the owner pay the amount fixed by the Council for the reasonable costs and expenses incurred by the Council during any period (until the outcome of the proceeding) for which the Council has had the custody of the animal; S. 84X(1)(d) inserted by No. 44/2010 s. 25(2). (d) in the case of an offence involving a dog, that the owner attend a training course relating to responsible dog ownership, which is approved by the Minister for the purposes of this section; S. 84X(1)(e) inserted by No. 44/2010 s. 25(2), substituted by No. 69/2017 s. 88(2). (e) in the case of an offence involving a dog, that the owner and the dog attend dog obedience training provided by or on behalf of an approved dog obedience training organisation. (2) If the Magistrates' Court has found that the owner has not complied with an order under section 84W, the Magistrates' Court may (in addition to any power the Court has to make orders under the **Magistrates' Court Act 1989**) make either or both of the following orders— (a) order that the dog or cat be sold or destroyed; (b) if the dog or cat has been seized by the Council, that the owner pay the reasonable costs and expenses incurred by the Council for any period (until the outcome of the proceeding) for which the Council has had the custody of the animal. Pt 7A Div. 7A (Heading and ss 84XA–84XH) inserted by No. 8/2014 s. 25. Division 7A—Disqualification of person from owning or being in charge or control of a dog S. 84XA inserted by No. 8/2014 s. 25. 84XA Court may disqualify person from owning or being in charge or control of a dog If a person has been convicted, found guilty or found not guilty because of mental impairment, of an offence against section 28 or 29(1), (2), (3) or (4), the Magistrates' Court may, in addition to or instead of any other penalty, order— (a) that the person be disqualified, for the period (not exceeding 10 years) specified in the order, from owning or being in charge or control of a dog; or (b) that the conditions, specified in the order apply, for the period specified in the order, to the person whenever the person is in charge or control of a dog. S. 84XB inserted by No. 8/2014 s. 25. 84XB Search warrant for failure to comply with court order S. 84XB(1) amended by No. 69/2017 s. 89(1). (1) A Council authorised officer may apply to a magistrate for the issue of a search warrant in relation to premises (including residential premises) in the municipal district of the Council that appointed the authorised officer, if the authorised officer believes on reasonable grounds that a person subject to an order under section 84XA is holding a dog on the premises in contravention of that order. S. 84XB(2) amended by Nos 69/2017 s. 89(2), 6/2018 s. 68(Sch. 2 item 41). (2) If the magistrate is satisfied, by the evidence on oath or by affirmation or by affidavit of the authorised officer, that there are reasonable grounds to believe that a person subject to an order under section 84XA is holding a dog on the premises in contravention of that order, the magistrate may issue a search warrant, in accordance with the **Magistrates' Court Act 1989**, authorising a Council authorised officer authorised in the warrant to execute the warrant— (a) to enter the premises; and (b) to search for and seize the dog; and (c) to dispose of the dog in accordance with the directions set out in the warrant. There are general provisions in sections 84EB, 84F and 84G that apply to search warrants issued under this Part. S. 84XB(3) inserted by No. 69/2017 s. 89(3). (3) A search warrant issued under subsection (2) may authorise a Council authorised officer appointed by the Council for the municipal district in which the premises is situated to execute the warrant. S. 84XC inserted by No. 8/2014 s. 25. 84XC Order under section 84XA may be suspended If the Magistrates' Court has made an order under section 84XA, it may suspend the order— (a) for any period which the Magistrates' Court considers necessary for the person subject to the order to make arrangements for the custody of a dog; or (b) pending the determination of an appeal against the order. S. 84XD inserted by No. 8/2014 s. 25. 84XD Person subject to order under section 84XA may apply for variation, suspension or revocation of order (1) A person who is subject to an order under section 84XA may apply to the Magistrates' Court for the variation, suspension or revocation of the order. (2) An application under subsection (1) may be made no earlier than 12 months after the order is made. S. 84XE inserted by No. 8/2014 s. 25. 84XE Power of Magistrates' Court to vary etc. order under section 84XA (1) On application under section 84XD, the Magistrates' Court may by order— (a) vary an order under section 84XA as specified, and from the date specified, in the order; or (b) suspend the order, from the date specified in the order, for a specified period; or (c) revoke the order; or (d) refuse the application. (2) In making an order under subsection (1), the Magistrates' Court may have regard to any one or more of the following matters— (a) the applicant's character; (b) the applicant's conduct since the order under section 84XA was made; (c) the nature of the offence or offences (if any) on which that order was based; (d) any other relevant circumstances. S. 84XF inserted by No. 8/2014 s. 25. 84XF Person may not make another application for variation, suspension or revocation of order for 12 months If the Magistrates' Court makes an order for a variation under section 84XE(1)(a) or refuses an application under section 84XE(1)(d), the person who applied for the relevant application under section 84XD must not make another application under section 84XD until 12 months after the order for the variation was made or the application was refused (as the case may be). S. 84XG inserted by No. 8/2014 s. 25. 84XG Orders under section 84XA are to operate consecutively If a person is disqualified under an order under section 84XA(a) and, during the period of disqualification, the Magistrates' Court makes a further order under that section in respect of that person, the further order takes effect immediately after the end of the period of disqualification fixed by the initial order. S. 84XH inserted by No. 8/2014 s. 25, amended by No. 69/2017 s. 90 (ILA s. 39B(1)). 84XH Person must comply with order under section 84XA (1) A person who is subject to an order under section 84XA must comply with the order. Penalty: 240 penalty units or imprisonment for 2 years. S. 84XH(2) inserted by No. 69/2017 s. 90. (2) Nothing in this section affects the powers of the Magistrates' Court, or of the Supreme Court, in relation to contempt of court.